United States Third Circuit

Conviction for wire fraud and conspiracy to commit wire fraud is affirmed but the sentence is vacated and remanded where the district court: 1) did not err in permitting a cooperating witness to read statements of a non-testifying Secret Service agent into the record; 2) correctly applied a four-level sentencing enhancements under the Sentencing guidelines where there were more than 50 victims in the case; but 3) erred in permitting the prosecutor to cross-examine defendant during the sentencing allocution in violation of his right of allocution.

Appellate Information

• Published 2016/01/05

Judges

• FISHER

Court

• United States Third Circuit

Counsel